1589-01-G Labourers’ International Union of North America, Local 527, Applicant v. O’Leary’s Limited, Responding Party.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; September 21, 2001
This is a referral of a grievance to the Board for determination under section 133 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended ("the Act").
Prior to the hearing in this matter the parties entered into the following Memorandum of Agreement:
MINUTES OF SETTLEMENT
File no. 1589-01-G
BETWEEN:
LABOURERS’ INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 527
Applicant,
‑ and ‑
O’LEARY’S LIMITED,
Responding Party.
Whereas the Applicant in this matter alleged that the Responding Party is bound to the collective agreement(s) referred to in paragraph 1 below;
And whereas the Responding Party acknowledges that it is bound to this/these agreement(s)
Therefore the parties agree to settle this matter on the terms set out below and request the OLRB to incorporate their settlement as an Order of the Board;
The Responding Party acknowledges that they are bound to the collective agreement between the National Capital Road Builders Association and a Council of Unions consisting of the International Union of North America, Local 793; Labourers’ International Union of North America, Local 527 and the Teamsters’ Union Local 91 effective May 1, 1998 to April 30,2001 (NCRBA Collective Agreement).
The Responding Party acknowledges that they violated the above noted collective agreement and in particular Schedules “C”, “C-1” “C-2” and the Notes to Schedule C, C-1 and C-2 of the above mentioned Collective Agreement.
As a result of the violations referred to in paragraph 2 of these Minutes of Settlement, the Responding Party agrees to pay, as damages, the amount of $48,048.35 to the Applicant. The above noted amount is based upon the contribution reports filed by the Responding Party. The parties expressly acknowledge and agree that should any discrepancies or errors occur in the contribution reports filed by the Responding Party, this settlement and these Minutes of Settlement do not in any way preclude the Applicant from filing subsequent grievances alleging that the Responding Party had made or filed improper or inaccurate contribution reports.
The Applicant acknowledges receipt of a series of post dated cheques for a total of $50,557.27. This amount, subject to paragraph three above represents the contributions for the period of time referred to in the grievance letter dated August 29, 2001.
The parties jointly request the OLRB to issue a consent order incorporating these Minutes of settlement.
Dated at Ottawa this 18 day of September 2001.
(“Donald Benoit”) (“Gerry Mullen”)
For the Responding Party For the Applicant
GERRY MULLEN
Print Name: Print Name:
DONALD BENOIT
- Having regard to the Minutes of Settlement, the Board hereby makes the consent orders, declarations and directions to which the parties have agreed.
“Inge M. Stamp”
for the Board